- (1.) Leave granted.
(2.) These appeals by special leave arise from the judgment of the Division Bench of the Madras High Court, made on January 9, 1997 in CMA No. 843/96 and W.P. Nos. 9771 and 12007/96.
(3.) N.M.S.S. Vellaichamy Nadar College was established by Nadar Mahajan Sangam in the year 1965 and election to the Society which runs the college, is the bone of the contention. Untrammelled by procedural formats and its ramifications in the process of election, the heart of the matter is good management of the college. Who is entitled to run the institution and administer property of the said institution is the crux of the question. It is not in dispute that though the term of the previous Society Committee expired on March 31, 1966, elections could not be held for one reason or the other. As a consequence, at the pain of the entrustment of the management to the third agency, elections came to be held on June 9, 1996, which proved to be an abortive attempt. Consequent thereon, a complaint was made to the Registrar in Form No. 7 on June 12, 1996. An enquiry appears to have been held by the Registrar which failed in the process from legal perspectives but the report was submitted on June 19, 1996. In the meanwhile, O. S. No. 417/96 was filed for perpetual injunction. An interim mandatory injunction was issued in I. A. No.292/96 directing the District Registrar appointed under the Tamil Nadu Societies Registration Act, 1975 (for short, the Act) to find out factual position and then to submit the report. In the meanwhile, writ petitions came to be filed. Ultimately, the Division Bench came to the conclusion that the learned trial Judge had abdicated his functioning as an adjudicatory authority; he should have recorded the evidence and the findings by himself. Instead, he directed the Registrar to conduct an enquiry and, thereby, it is a case of abdication of judicial functioning. Accordingly, the impugned order was passed.;